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High Court of Judicature at Madras
ELIPE DHARMA RAO & M. VENUGOPAL
S. Chandra Mohan
Versus
State represented by its Secretary, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maligai, Secretariat, Chennai & Another
W.P. No. 4485 of 2009 & M.P. No. 1 of 2009
Decided On :Decided on : 06-04-2011
The court referred to various government orders, including G.O. Ms. No. 1139, Social Welfare Department, dated 23.3.1982, which empowered Revenue Divisional Officers to issue community certificates to persons belonging to the Konda Reddy community. The court also considered G.O. Ms. No. 9, Social Welfare Department, dated 3.1.1983, which relaxed the requirement of producing certain documents for obtaining a community certificate. The court noted that the petitioner had relied on these government orders to support his claim of belonging to the Konda Reddy community.
Fact of the Case:
The petitioner, belonging to the Konda Reddy tribal community, filed a writ petition seeking to quash the order of the State Level Scrutiny Committee that declared his community certificate as not genuine. The petitioner had produced various documents, including sale deeds and community certificates of relatives, to prove his community status. The Committee, without providing an opportunity for the petitioner to present his case, concluded that he does not belong to the Konda Reddy community. The petitioner argued that the Committee's decision violated the principles of natural justice.
Finding of the Court:
The court examined the documents produced by the petitioner, including the sale deeds and community certificates. It noted that the petitioner had not produced the original school records and community certificates, which were crucial to establishing his community status. The court also considered the report of the Revenue Divisional Officer and the Anthropologist report, which both concluded that the petitioner does not belong to the Konda Reddy community. The court held that the petitioner had failed to prove his case and that the Committee's decision was valid.
Ratio Decidendi: The court affirmed the decision of the State Level Scrutiny Committee, stating that the petitioner had not provided sufficient evidence to establish his community status. The court held that the Committee's decision did not violate the principles of natural justice.
Result: The writ petition was dismissed, and the decision of the State Level Scrutiny Committee was affirmed.
Per M. VENUGOPAL, J.
1. The petitioner has filed the present Writ Petition seeking the relief of writ of certiorari to call for the records in Proceedings No. 39940/CVII/2007 dated 29.1.2009 passed by the State Level Scrutiny Committee/1st respondent and to quash the same.
2. According to the petitioner, he hails from Konda Reddi, a tribal Community, native of Kumbikulam Madura, Seelathi Kulam Village at Radhapuram Taluk, Tirunelveli District. He is the Secretary of the Scheduled Tribe Employees Welfare Association, Southern Region and a Member of the Ahila Bharathia Adi Vasi Vihas Parishad. He is appointed on 26.10.1984 as Typist in the office of the 2nd respondent/Life Insurance Corporation, Tirunelveli as Proportioner under the Scheduled Tribes quota as against the vacancies reserved for Scheduled Tribes. He has been confirmed in the post of Typist on 26.4.1985.
3. According to the petitioner, at the time of his appointment, besides producing Educational Qualification Certificate, he has furnished the following documents: (a) A Community Certificate issued by Deputy Tahsildhar, Additional Head Quarters, Naguneri Taluk dated 1.7.1980; (b) A Certificate issued by the District Judge, Tirunelveli dated 30.12.1983; and (c) A certificate issued by the Revenue Divisional Officer, dated 10.9.1984. The 2nd respondent, on 9.4.1991 acting on an anonymous letter, has referred his Community Certificate issued by various authorities to the District Collector, Tirunelveli. On 4.10.1991, the 2nd respondent issued a letter to him stating that the certificate issued by the Revenue Divisional Officer dated 10.9.1984 is not a genuine one. He filed a police complaint through his father dated 19.12.1991. The petitioner has applied to the Revenue Divisional Officer, Cheranmahadevi on 14.2.1992 requesting for the issuance of Konda Reddy Community Certificate on the basis of documents produced. The Revenue Divisional Officer has requested to him to produce the Nativity Certificate. After obtaining the Nativity Certificate and other relevant documents, he addressed a letter dated 18.3.1992 to the Sub Collector, Cheranmahadevi praying for the issuance of Community Certificate. The 2nd respondent has sent the certificates issued by the Deputy Tahsildhar, Additional Head Quarters, Nanguneri Taluk dated 1.7.1980 and the certificate issued by the District Judge, Tirunelveli dated 30.12.1983 for verification. The Tirunelveli District Community Verification Vigilance Committee (a two member committee), without following the procedures and principles of natural justice, has come to the conclusion that as per proceedings dated 6.08.1999, he does not belong to Konda Reddy Community.
4. Aggrieved against the order dated 6.8.1999 passed by the Tirunelveli District Community Certificate Verification Vigilance Committee, the petitioner filed W.P. No. 14280 of 1999 before this Court and this Court, by its order dated 27.7.2005, has quashed the proceedings of the said Committee dated 6.8.1999 by giving directions to place the matter before the Three Member District Level Vigilance Committee formed as per G.O. Ms. No. 111 AD and TW Department dated 6.7.2005. Since the District Vigilance Committee has kept the matter pending for a long period, he filed W.P. (MD). No. 1210 of 2007 and an order dated 4.10.2007 has been passed wherein the matter has been directed to be decided by the Three Member State Level Scrutiny Committee, as per G.O. (2D) No. 108 AD and TW Department dated 12.9.2007. The State Level Scrutiny Committee on 27.1.2009 has called the petitioner for an enquiry to submit his explanation with necessary documents. On that day, he presented himself before the 1st respondent and submitted his detailed explanation with all necessary documents to prove that he belongs to Konda Reddy Community. He produced Sale Deeds registered in the name of his ancestors, relatives and Community Certificate of other relatives stating that he belong to Konda Reddy
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